Gujarat High Court
M V Nagani - Auditor Grade-I vs Registrar - Cooperative Societies on 30 July, 2025
NEUTRAL CITATION
C/SCA/15701/2010 ORDER DATED: 30/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15701 of 2010
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M V NAGANI - AUDITOR GRADE-I
Versus
REGISTRAR - COOPERATIVE SOCIETIES
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Appearance:
MR HASHIM QURESHI(1097) for the Petitioner(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/07/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"7(A) That this Hon'ble Court be pleased to admit and allow this petition and issue a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction and quash and set aside the order dated 31 st May 2010 (ANNEXURE `E') passed by the Gujarat Mulki Seva Tribunal, Gandhinagar, by which the Hon'ble Tribunal has maintained/confirmed the order dated 25 th January 2008 passed by the Registrar, Cooperative Societies and be pleased to further direct the respondent to reinstate the petitioner in service with all consequential benefits with regard to pay and allowances and retiral benefits as if he had never been removed from services.
(B) Pending admission hearing and final disposal of the present petition, this Hon'ble Court be pleased to suspend Page 1 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:05:49 IST 2025 NEUTRAL CITATION C/SCA/15701/2010 ORDER DATED: 30/07/2025 undefined the operation of order dated 31st May 2010 (ANNEXURE `E') passed by the Gujarat Mulki Seva Tribunal, Gandhinagar and be pleased to direct the respondent to provisionally reinstate the petitioner in service subject to final outcome of the present petition.
(C) xxxx"
2. At the outset, learned advocate for the petitioner has referred to the judgment of the Hon'ble Apex Court in the case of Deputy Director of Collegiate Education (Administration), Madras V/s S Nagoor Meera reported in 1995(3) SCC 377, more particularly, paragraph 10, which reads as under:
"10. What is really relevant thus is the conduct of the government servant which has led to his conviction on a criminal charge. Now, in this case, the respondent has been found guilty of corruption by a criminal court. Until the said conviction is set aside by the appellate or other higher court, it may not be advisable to retain such person in service. As stated above, if he succeeds in appeal or other proceeding, the matter can always be reviewed in such a manner that he suffers no prejudice."
3. Learned advocate for the petitioner submitted that in view of the above decision, he does not press this petition Page 2 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:05:49 IST 2025 NEUTRAL CITATION C/SCA/15701/2010 ORDER DATED: 30/07/2025 undefined with a liberty to file appropriate proceeding after decision of outcome of criminal appeal which is pending before this Court.
4. Accordingly, this petition is disposed of as not pressed with the above liberty. Notice/Rule is discharged.
Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:05:49 IST 2025